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Unaccompanied Alien Children: An Overview [August 18, 2015]
"In FY2014, the number of unaccompanied alien children (UAC, unaccompanied children) that were apprehended at the Southwest border while attempting to enter the United States without authorization increased sharply, straining the system put in place over the past decade to handle such cases. Prior to FY2014, UAC apprehensions were steadily increasing. For example, in FY2011, the Border Patrol apprehended 16,067 unaccompanied children at the Southwest border whereas in FY2014 more than 68,500 unaccompanied children were apprehended. In the first 8 months of FY2015, UAC apprehensions numbered 22,869, down 49% from the same period in FY2014. UAC are defined in statute as children who lack lawful immigration status in the United States, who are under the age of 18, and who either are without a parent or legal guardian in the United States or without a parent or legal guardian in the United States who is available to provide care and physical custody. Two statutes and a legal settlement directly affect U.S. policy for the treatment and administrative processing of UAC: the Trafficking Victims Protection Reauthorization Act of 2008 (P.L. 110-457); the Homeland Security Act of 2002 (P.L. 107-296); and the 'Flores Settlement Agreement' of 1997."
Library of Congress. Congressional Research Service
Kandel, William; Seghetti, Lisa M.
2015-08-18
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Unaccompanied Alien Children: An Overview [September 8, 2014]
"The number of unaccompanied alien children (UAC) arriving in the United States has reached alarming numbers, straining the system put in place over the past decade to handle such cases. UAC are defined in statute as children who lack lawful immigration status in the United States, who are under the age of 18, and who are without a parent or legal guardian in the United States or no parent or legal guardian in the United States is available to provide care and physical custody. Two statutes and a legal settlement most directly affect U.S. policy for the treatment and administrative processing of UAC: the Trafficking Victims Protection Reauthorization Act of 2008 (P.L. 110-457); the Homeland Security Act of 2002 (P.L. 107-296); and the 'Flores Settlement Agreement' of 1997. Several agencies in the Department of Homeland Security (DHS) and the Department of Health and Human Services' (HHS) Office of Refugee Resettlement (ORR) share responsibilities for the processing, treatment, and placement of UAC. [...] In an effort to address the crisis, the Administration developed a working group to coordinate the efforts of the various agencies involved. It also opened additional shelters and holding facilities to accommodate the large number of UAC apprehended at the border. In June, the Administration announced plans to provide funding to the affected Central American countries for a variety of programs and security-related initiatives; and in July, the Administration requested $3.7 billion in supplemental appropriations for FY2014 to address the crisis. Relatedly, Congress is considering funding increases for HHS and DHS in each agency's FY2015 appropriations bill. Additionally, Senator Mikulski and Representative Rogers introduced supplemental appropriations bills for FY2014 (S. 2648 and H.R. 5230) for departments and agencies involved in the UAC crisis (e.g., DHS, HHS, the Departments of Justice and State). The House passed its supplemental appropriations bill on August 1, 2014. In addition to the various appropriations bills that are being considered, several pieces of legislation have been introduced in both chambers; however, this report does not discuss those bills. CRS [Congressional Research Service] has published additional reports on this topic."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen; Siskin, Alison; Seghetti, Lisa M.
2014-09-08
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Unaccompanied Alien Children: An Overview [July 28, 2014]
"The number of unaccompanied alien children (UAC) arriving in the United States has reached alarming numbers that has strain the system put in place over the past decade to handle such cases. UAC are defined in statute as children who lack lawful immigration status in the United States, who are under the age of 18, and who are without a parent or legal guardian in the United States or no parent or legal guardian in the United States is available to provide care and physical custody. Two statutes and a legal settlement most directly affect U.S. policy for the treatment and administrative processing of UAC: the Flores Settlement Agreement of 1997; the Homeland Security Act of 2002; and the Trafficking Victims Protection Reauthorization Act of 2008. Several agencies in the Department of Homeland Security (DHS) and the Department of Health and Human Services' (HHS) Office of Refugee Resettlement (ORR) share responsibilities for the processing, treatment, and placement of UAC. DHS Customs and Border Protection apprehends and detains UAC arrested at the border while Immigration and Customs Enforcement (ICE) handles the transfer and repatriation responsibilities. ICE also apprehends UAC in the interior of the country and is responsible for representing the government in removal proceedings. HHS is responsible for coordinating and implementing the care and placement of UAC in appropriate custody."
Library of Congress. Congressional Research Service
Seghetti, Lisa M.; Siskin, Alison; Wasem, Ruth Ellen
2014-07-28
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Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [June 19, 2012]
"On June 15, 2012, the Obama Administration announced that certain individuals who were brought to the United States as children and meet other criteria would be considered for relief from removal. Under the memorandum, issued by Secretary of Homeland Security Janet Napolitano, these individuals would be eligible for deferred action1 for two years, subject to renewal, and could apply for employment authorization. The eligibility criteria for deferred action under the June 15, 2012, memorandum are (1) under age 16 at time of entry into the United States; (2) continuous residence in the United States for a least five years immediately preceding the date of the memorandum; (3) in school, graduated from high school or obtained general education development certificate, or honorably discharged from the Armed Forces; (4) not convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses, and not otherwise a threat to national security or public safety; and (5) age 30 or below. These eligibility criteria are similar to those included in DREAM Act [Development, Relief, and Education for Alien Minors Act] bills discussed below. The deferred action process set forth in the June 15, 2012, memorandum, however, would not grant eligible individuals a legal immigration status."
Library of Congress. Congressional Research Service
Bruno, Andorra
2012-06-19
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Unauthorized Alien Students: Issues and 'DREAM Act' Legislation [December 3, 2013]
"Multiple DREAM Act [Development, Relief, and Education for Alien Minors Act] bills have been introduced in recent Congresses to address the unauthorized student population. Most have proposed a two-prong approach of repealing the 1996 provision and enabling some unauthorized alien students to become U.S. legal permanent residents (LPRs) through an immigration procedure known as 'cancellation of removal'. While there are other options for dealing with this population, this report deals exclusively with the DREAM Act approach in light of the considerable congressional interest in it. In the 111th Congress, the House approved DREAM Act language as part of an unrelated bill, the Removal Clarification Act of 2010 (H.R. 5281). The Senate, however, failed to invoke cloture on a motion to agree to the House-passed DREAM Act amendment, and the bill died at the end of the Congress. The House-approved language differed in key respects from earlier versions of the DREAM Act. Bills to legalize the status of unauthorized alien students were again introduced in the 112th Congress. In 2012, in the absence of congressional action on DREAM Act legislation, the Obama Administration announced that certain individuals who entered the United States as children and meet other criteria would be considered for relief from removal."
Bruno, Andorra
2013-12-03
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Unauthorized Aliens' Access to Federal Benefits: Policy and Issues [September 17, 2012]
"Federal law bars aliens residing without authorization in the United States from most federal benefits; however, there is a widely held perception that many unauthorized aliens obtain such benefits. The degree to which unauthorized resident aliens should be accorded certain rights and privileges as a result of their residence in the United States, along with the duties owed by such aliens given their presence, remains the subject of debate in Congress. This report focuses on the policy and legislative debate surrounding unauthorized aliens' access to federal benefits. Except for a narrow set of specified emergency services and programs, unauthorized aliens are not eligible for federal public benefits."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen
2012-09-17
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Unauthorized Aliens' Access to Federal Benefits: Policy and Issues [September 16, 2011]
From the Introduction: "The number of foreign-born people residing in the United States (37 million) is at the highest level in our history and, as a portion of the U.S. population, has reached a percentage (12.4%) not seen since the early 20th century. Of the foreign-born residents in the United States, approximately one-third are speculated to be unauthorized residents (often characterized as illegal aliens). The degree to which unauthorized resident aliens should be accorded certain rights and privileges as a result of their residence in the United States, along with the duties owed by such aliens given their presence, remains the subject of debate in Congress. Included among the specific policy areas that spark controversy are due process rights, tax liabilities, military service, eligibility for federal assistance, educational opportunities, and pathways to citizenship. This report focuses on the policy and legislative debate surrounding unauthorized aliens' access to federal benefits."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen
2011-09-16
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Unauthorized Aliens' Access to Federal Benefits: Policy and Issues [May 21, 2008]
"The number of foreign-born people residing in the United States (37 million) is at the highest level in our history and, as a portion of the U.S. population, has reached a percentage (12.4%) not seen since the early 20th Century. Of the foreign-born residents in the United States, approximately one-third are speculated to be unauthorized residents (often characterized as illegal aliens). The degree to which unauthorized resident aliens should be accorded certain rights and privileges as a result of their residence in the United States, along with the duties owed by such aliens given their presence, remains the subject of intense debate in Congress. Included among the specific policy areas that spark controversy are due process rights, tax liabilities, military service, eligibility for federal assistance, educational opportunities, and pathways to citizenship. This report focuses on the policy and legislative debate surrounding unauthorized aliens' access to federal benefits."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen
2008-05-21
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Unauthorized Aliens Residing in the United States: Estimates Since 1986 [December 13, 2012]
"Estimates derived from the March Supplement of the U.S. Census Bureau's Current Population Survey (CPS) indicate that the unauthorized resident alien population (commonly referred to as illegal aliens) rose from 3.2 million in 1986 to 12.4 million in 2007, before leveling off at 11.1 million in 2011. The estimated number of unauthorized aliens had dropped to 1.9 million in 1988 following passage of a 1986 law that legalized several million unauthorized aliens. Jeffrey Passel, a demographer with the Pew Hispanic Research Center, has been involved in making these estimations since he worked at the U.S. Bureau of the Census in the 1980s. Similarly, the Department of Homeland Security's Office of Immigration Statistics (OIS) reported an estimated 11.5 million unauthorized alien residents as of January 2011, up from 8.5 million in January 2000. The OIS estimated that the unauthorized resident alien population in the United States increased by 37% over the period 2000 to 2008, before leveling off since 2009. The OIS estimated that 6.8 million of the unauthorized alien residents in 2011 were from Mexico. About 33% of unauthorized residents in 2011 were estimated to have entered the United States since 2000, but the rate of illegal entry appears to be slowing. The OIS based its estimates on data from the U.S. Census Bureau's American Community Survey."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen
2012-12-13
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Analysis of Data Regarding Certain Individuals Identified Through Secure Communities: Updating the Previous Analysis with Citizenship Data [Memorandum for the House Judiciary Committee from the Congressional Research Service]
"This memorandum responds to your request that the Congressional Research Service (CRS) provide additional analysis of data provided to the House Judiciary Committee by the U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE). The data includes records (entries) regarding individuals who were identified through ICE's Secure Communities program between Octoer 27, 2008 and July 31, 2011, but who were not removed or taken into custody. This memorandum provides additional analysis to the July 10, 2012 CRS memorandum entitled 'Analysis of Data Regarding Certain Individuals Identified Through Secure Communities', and the July 13, 2012 CRS memorandum entitled 'Additional Analysis of Data Regarding Certain Individuals Identified Through Secure Communities: Other Crimes Category'."
United States. Congress. House. Committee on the Judiciary
2012-07-27
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Ultra-Marathoners of Human Smuggling: Defending Forward Against Dark Networks That Can Transport Terrorists Across American Land Borders
From the thesis abstract: "National legislation requires America's homeland security agencies to disrupt transnational human smuggling organizations capable of transporting terrorist travelers to all U.S. borders. Federal agencies have responded with programs targeting extreme-distance human smuggling networks that transport higher-risk immigrants known as special interest aliens (SIAs) from some 35 'countries of interest' in the Middle East, North Africa, and Asia where terrorist organizations operate. Yet ineffectiveness and episodic targeting are indicated, in part by continued migration from those countries to the U.S. southwestern border since 9/11. Should an attack linked to SIA smuggling networks occur, homeland security leaders likely will be required to improve counter-SIA interdiction or may choose to do so preemptively. This thesis asks how SIA smuggling networks function as systems and, based on this analysis, if their most vulnerable fail points can be identified for better intervention targeting. Using NVivo qualitative analysis software, the study examined 19 U.S. court prosecutions of SIA smugglers and other data to produce 20 overarching conclusions demonstrating how SIA smuggling functions. From these 20 conclusions, seven leverage points were extracted and identified for likely law enforcement intervention success. Fifteen disruption strategies, tailored to the seven leverage points, are recommended."
Naval Postgraduate School (U.S.); Naval Postgraduate School (U.S.). Center for Homeland Defense and Security
Bensman, Todd
2015-09
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Unaccompanied Alien Children - Legal Issues: Answers to Frequently Asked Questions [January 27, 2016]
From the Summary: "The beginning of FY2016 has seen an uptick in the number of alien minors apprehended at the U.S. border without a parent or legal guardian in comparison to the same time period in the prior year. This increase has prompted renewed questions regarding so-called unaccompanied alien children (UACs), many of which were previously raised in FY2013-FY2014, when a significant number of UACs were apprehended along the southern U.S. border. Some of these questions pertain to the numbers of children involved, their reasons for coming to the United States, and current and potential responses of the federal government and other entities to their arrival. Other questions concern the interpretation and interplay of various federal statutes and regulations, administrative and judicial decisions, and settlement agreements pertaining to alien minors. This report addresses the latter questions, providing general and relatively brief answers to 15 frequently asked questions regarding UACs."
Library of Congress. Congressional Research Service
Manuel, Kate; Garcia, Michael John
2016-01-27
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Unauthorized Aliens, Higher Education, In-State Tuition, and Financial Aid: Legal Analysis [January 11, 2016]
"The existence of a sizable population of 'DREAMers' in the United States has prompted questions about unauthorized aliens' eligibility for admission to public institutions of higher education, in-state tuition, and financial aid. The term 'DREAMer' is widely used to describe aliens who were brought to the United States as children and raised here but lack legal immigration status. [...] In-state tuition and financial aid have generally been seen as public benefits for purposes of PRWORA [Personal Responsibility and Work Opportunity Reconciliation Act]. However, courts have rejected the view that state statutes providing in-state tuition to unauthorized aliens are preempted unless they expressly refer to PRWORA, or to unauthorized aliens being eligible.
Library of Congress. Congressional Research Service
Manuel, Kate
2016-01-11
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U.S. Strategy for Engagement in Central America: Policy Issues for Congress [April 12, 2017]
"Central America has received renewed attention from U.S. policymakers over the past few years as the region has become a major transit corridor for illicit drugs and a significant source of irregular migration to the United States. These narcotics and migrant flows are the latest symptoms of deep-rooted challenges in several countries in the region, including widespread insecurity, fragile political and judicial systems, and high levels of poverty and unemployment. Although the Obama Administration and governments in the region launched new initiatives designed to improve conditions in Central America, the future of those efforts will depend on the decisions of the Trump Administration and the 115th Congress."
Library of Congress. Congressional Research Service
Meyer, Peter J.
2017-04-12
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Unaccompanied Alien Children: An Overview [January 18, 2017]
"In FY2014, the number of unaccompanied alien children (UAC, unaccompanied children) that were apprehended at the Southwest border while attempting to enter the United States without authorization reached a peak, straining the system put in place over the past decade to handle such cases. Prior to FY2014, UAC apprehensions were steadily increasing. For example, in FY2011, the U.S. Border Patrol (USBP) apprehended 16,067 unaccompanied children at the Southwest border, whereas in FY2014 more than 68,500 unaccompanied children were apprehended. In FY2015, UAC apprehensions declined 42% to 39,970. At the close of FY2016 they increased to 59,692, roughly 20,000 more than in FY2015, and 9,000 less than the peak of FY2014. During the first two months of FY2017 (October and November, 2016), USBP apprehended 14,128 unaccompanied children. Apprehensions in the first two months of FY2015 and FY2016 were 5,143 and 10,588, respectively. UAC are defined in statute as children who lack lawful immigration status in the United States, who are under the age of 18, and who either are without a parent or legal guardian in the United States or without a parent or legal guardian in the United States who is available to provide care and physical custody. Two statutes and a legal settlement directly affect U.S. policy for the treatment and administrative processing of UAC: the Trafficking Victims Protection Reauthorization Act of 2008 (P.L. 110-457); the Homeland Security Act of 2002 (P.L. 107-296); and the 'Flores Settlement Agreement' of 1997."
Library of Congress. Congressional Research Service
Kandel, William
2017-01-18
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Unaccompanied Alien Children: An Overview [May 11, 2016]
This report offers a comprehensive overview on the issue of unaccompanied alien children. "This report opens with an analysis of recent UAC [Unaccompanied Alien Children] apprehension data. It then discusses current policy on the treatment, care, and custody of the population and describes the responsibilities of each federal agency involved with the population. The report then discusses both administrative and congressional actions to deal with the UAC surge in FY2014 [Fiscal Year] and action since then to address possible future surges."
Library of Congress. Congressional Research Service
Kandel, William
2016-05-11
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DACA and DAPA Deferred Action Initiatives: Frequently Asked Questions [February 15, 2017]
"The future of the Deferred Action for Childhood Arrivals (DACA) program and the proposed Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, two Obama Administration initiatives, is uncertain under President Donald Trump. As of the date of this report, the Trump Administration has not taken action on these initiatives. The DACA program was established in June 2012, when the Department of Homeland Security (DHS) announced that certain individuals without a lawful immigration status who were brought to the United States as children and met other criteria would be considered for relief from removal for two years. To request consideration of DACA, an individual must file specified forms with DHS's U.S. Citizenship and Immigration Services (USCIS) and pay associated fees. As of the date of this report, the DACA program is ongoing. USCIS's decision on a DACA request is discretionary. The agency makes determinations on a case-by-case basis. Individuals granted DACA may receive employment authorization. DACA recipients are not granted a lawful immigration status and are not put on a pathway to a lawful immigration status. They are, however, considered to be lawfully present in the United States during the period of deferred action. [...] The separate DAPA program was proposed by the Obama Administration in November 2014 to provide temporary relief from removal for certain parents of U.S. citizen or LPR [lawful permanent resident] children. Its implementation was blocked in the federal courts. It remains to be seen how this litigation may be affected by the change in administration."
Library of Congress. Congressional Research Service
Bruno, Andorra
2017-02-15
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Ultra-Marathoners of Human Smuggling: Defending Forward Against Dark Networks that Can Transport Terrorists Across American Land Borders [Supplemental]
This document is the supplemental to the thesis "Ultra-Marathoners of Human Smuggling: Defending Forward Against Dark Networks that Can Transport Terrorists Across American Land Borders" by Todd Bensman. "Five pre-2004 court cases analyzed for this research were not entirely available on PACER: United States v. Ashraf Ahmed Abdallah, United States v. Mehrzad Arbane, United States v. Mohammad Assadi, United States v. Mehar Jarad, and United States v.
Nancy Zaia. Court documents related to these cases were acquired directly from U.S. Attorney's offices in 2007, during related research." The associated thesis can be found at the following link [https://www.hsdl.org/?abstract&did=788177].
Naval Postgraduate School (U.S.); Naval Postgraduate School (U.S.). Center for Homeland Defense and Security
Bensman, Todd
2015-09
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Border Security: The Role of the U.S. Border Patrol [Updated October 14, 2004]
"The United States Border Patrol (USBP) has a long and storied history as our nation's first line of defense against unauthorized migration. Today, the USBP's primary mission is to detect and prevent the entry of illegal aliens into the country, assist in the detection of possible terrorists, and interdict drug smugglers and other criminals. The Homeland Security Act of 2002 dissolved the Immigration and Naturalization Service and placed the USBP within the Department of Homeland Security (DHS). Within DHS, the USBP forms a part of the Bureau of Customs and Border Protection under the Directorate of Border and Transportation Security. In the course of discharging its duties, the USBP patrols 8,000 miles of American international borders with Mexico and Canada and the coastal waters around Florida and Puerto Rico. However, there are significant geographic, political, and immigration-related differences between the Northern border with Canada and the Southwest border with Mexico. Accordingly, the USBP deploys a different mix of personnel and resources along the two borders. Due to the fact that over 97% of unauthorized migrant apprehensions occur along the Southwest border, the USBP deploys over 90% of its agents there to deter illegal immigration. The Border Safety initiative and the Arizona Border Control initiative are both focused on the Southwest border. This report will be updated as circumstances warrant."
Library of Congress. Congressional Research Service
Nunez-Neto, Blas
2004-10-14
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Unaccompanied Alien Children: Policies and Issues [March 1, 2007]
"Unaccompanied alien children (UAC) are aliens under the age of 18 who come to the United States without authorization or overstay their visa, and are without a parent or legal guardian. Most arrive at U.S. ports of entry or are apprehended along the border with Mexico. With the passage of the Homeland Security Act of 2002 (HSA), UAC tasking was split between the newly created Department of Homeland Security (DHS) and the Department of Health and Human Services Office of Refugee Removal (ORR). DHS was delegated the task of apprehension, transfer and repatriation of UAC, while ORR was tasked to provide long-term detention and foster placement. The issue for Congress concerns whether the current system provides adequate protections for unaccompanied alien children. The debate over UAC policy has polarized in recent years between two camps: child welfare advocates arguing that the UAC are largely akin to refugees by being victims of abuse and economic circumstances, and immigration security advocates charging that unauthorized immigration is associated with increased community violence and illicit activities. Consequently, these two camps advocate very different policies for the treatment of UAC. This polarization is to some degree reflected in the tension between DHS and ORR, which despite attempts and congressional urging have failed to produce a Memorandum of Understanding between the two agencies. In FY2006, the DHS's Customs and Border Protection apprehended 101,952 juveniles. The majority of these children were from Mexico and were returned voluntarily without being detained. DHS detained 7,746 UAC in this same year."
Library of Congress. Congressional Research Service
Haddal, Chad C.
2007-03-01
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Civilian Patrols Along the Border: Legal and Policy Issues [Updated October 23, 2006]
"Civilian patrols along the international border have existed in a wide variety of forms for at least a hundred and fifty years. Over the past fifteen years, civilian border patrol groups appear to have proliferated along the U.S.-Mexico border, partly due to the increasing numbers of aliens entering the country illegally. In the spring of 2005, attention focused on these civilian patrols, when the 'Minuteman Project' mobilized hundreds of volunteers along the Arizona-Mexico border to observe and report the movement of illegal aliens to the U.S. Border Patrol. Although some participants were armed, Minutemen volunteers were instructed not to engage in hostile confrontations with any illegal alien. Organizers of the Minuteman Project have expanded the Project to the other southwestern border states and Canada and have split the mission into a border defense corps and an internal vigilance operation that monitors businesses and government. A new nationwide Minuteman Project began in April 2006."
Library of Congress. Congressional Research Service
Nunez-Neto, Blas; Weir, Alyssa Bartlett; Viña, Stephen R.
2006-10-23
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Civilian Patrols Along the Border: Legal and Policy Issues [April 7, 2006]
"Civilian patrols along the international border have existed in a wide variety of forms for at least a hundred and fifty years. Over the past fifteen years, civilian border patrol groups appear to have proliferated along the U.S.-Mexico border, partly due to the increasing numbers of aliens entering the country illegally. In the spring of 2005, attention focused on these civilian patrols, when the 'Minuteman Project' mobilized hundreds of volunteers along the Arizona-Mexico border to observe and report the movement of illegal aliens to the U.S. Border Patrol. Although some participants were armed, Minutemen volunteers were instructed not to engage in hostile confrontations with any illegal alien. Organizers of the Minuteman Project have expanded the Project to the other southwestern border states and Canada and have split the mission into a border defense corps and an internal vigilance operation that monitors businesses and government. A new nationwide Minuteman Project began in April 2006."
Library of Congress. Congressional Research Service
Nunez-Neto, Blas; Weir, Alyssa Bartlett; Viña, Stephen R.
2006-04-07
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Immigration Legislation and Issues in the 110th Congress [October 1, 2007]
"Comprehensive immigration reform was the subject of much discussion at the start of the 110th Congress. In the spring of 2007, the Senate considered several broad immigration reform measures aimed at addressing a host of perceived problems with the U.S. immigration system. These measures combined border security and interior enforcement provisions with provisions on temporary workers, permanent admissions, and unauthorized aliens. In June 2007, the Senate voted on a motion to invoke cloture on one of these measures (S. 1639), which, if approved, would have ultimately brought the bill to a vote. The motion failed, however, and the bill was subsequently pulled from the Senate floor. It is unclear whether the 110th Congress will again take up comprehensive immigration reform legislation. […] Among the other immigration-related issues that the 110th Congress may address are state and local enforcement of immigration laws, employment eligibility verification and worksite enforcement, Iraqi refugees, and documentary requirements for admission. At the same time, the 110th Congress has enacted some immigration-related provisions. Among them are refugee-related provisions included in the FY2007 Revised Continuing Appropriations Resolution; the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act; and a measure to increase the number of Iraqi and Afghani translators and interpreters who may be admitted to the United States as special immigrants. The 110th Congress also has enacted provisions on border security and the Visa Waiver Program as part of a law providing for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States. This report discusses these and other immigration-related issues that have seen legislative action or are of significant congressional interest. […]"
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen; Siskin, Alison; Bruno, Andorra
2007-10-01
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Immigration Legalization and Status Adjustment Legislation [Updated March 11, 2002]
"Although President George W. Bush has said he opposes broad legalization for unauthorized migrants, there were reports in the summer of 2001 that the President would recommend legislation to legalize an estimated 3 million Mexicans working in the United States without legal authorization. President Bush and Mexican President Vicente Fox have established a Cabinet-level working group to develop 'an orderly framework for migration that ensures humane treatment and legal security, and dignifies labor conditions.' Initial speculation that the President would unveil a legalization proposal in early September was tempered by subsequent reports that he would recommend a more gradual series of proposals. Talks with Mexico continued after the September 11 terrorist attacks, and now the issue is re-emerging. On August 2, Congressional Democrats announced a set of principles that will guide broad immigration legislation they intend to propose, and among those principles is a plan for 'earned legalization.' Their proposal would not be limited to nationals of any one country and would focus on 'longtime, hard-working residents of good moral character, with no criminal problems . . . who are otherwise eligible to become U.S. citizens.' While supporters characterize legalization provisions as fair treatment of aliens who have been living and working here for years as good neighbors and dedicated employees, opponents describe such proposals as an unfair reward to illegal aliens who violated the law to get into the United States."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen
2002-03-11
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Unauthorized Aliens Residing in the United States: Estimates Since 1986 [Updated February 28, 2008]
"Estimates derived from the March Supplement of the U.S. Census Bureau's Current Population Survey indicate that the unauthorized resident alien population (commonly referred to as illegal aliens) has risen from 3.2 million in 1986 to 11.1 million in 2005. The estimated number of unauthorized aliens had dropped to 1.9 million in 1988 following passage of a 1986 law that legalized several million unauthorized aliens. About two-thirds of the unauthorized population in 2005 were estimated to have entered the United States in the past decade. Similarly, the Department of Homeland Security's Office of Immigration Statistics (OIS) reported an estimated 11.6 million unauthorized alien residents as of January 2006, up from 8.5 million in January 2000. The OIS based its estimates on estimates from the U.S. Census Bureau's American Community Survey. The OIS estimated that the unauthorized immigrant population in the United States increased by 37%, with an annual average increase of 515,000 unauthorized aliens over the past six years. Research suggests that various factors have contributed to the increase in unauthorized resident aliens in recent years, and that the rise is often attributed to the 'push-pull' of prosperity-fueled job opportunities in the United States in contrast to limited or nonexistent job opportunities in the sending countries. Some observers maintain that lax enforcement of employer sanctions for hiring unauthorized aliens has facilitated this 'push-pull,' but it is difficult to demonstrate this element empirically."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen
2008-02-28
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Criminalizing Unlawful Presence: Selected Issues [May 3, 2006]
"Several bills introduced in the 109th Congress would make the unauthorized presence of aliens in the U.S. a criminal offense, including H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005, introduced by Representative James Sensenbrenner on December 6, 2005 and passed by the House as amended on December 16, 2005, and S. 2454, the Securing America's Borders Act, introduced by Senator Bill Frist on March 16, 2006. The version of Chairman Arlen Specter's mark reported out of the Senate Judiciary Committee on March 27, 2006 does not contain a provision criminalizing unlawful presence, though the bill had initially contained such a provision. Although unlawful entry into the United States is both a criminal offense and a ground for removal, unlawful presence is only a ground for deportation and is not subject to criminal penalty, except when an alien is present in the United States after having been removed. This report briefly discusses some of the issues raised by criminalizing unlawful presence. Immigration law contains both civil and criminal provisions. The removal of aliens, however severe its consequences, has been 'consistently classified as a civil rather than a criminal procedure' by the courts. On the other hand, the Immigration and Nationality Act (INA) contains several provisions that are unambiguously penal in nature, subjecting offenders to imprisonment and/or fine under Title 18 of the U.S. Code."
Library of Congress. Congressional Research Service
Garcia, Michael John
2006-05-03
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'Sanctuary Cities': Legal Issues [Updated January 9, 2008]
Controversy has arisen over the existence of so-called "sanctuary cities." The term 'sanctuary city' is not defined by federal law, but it is often used to refer to those localities which, as a result of a state or local act, ordinance, policy, or fiscal constraints, limit their assistance to federal immigration authorities seeking to apprehend and remove unauthorized aliens. Supporters of such policies argue that many cities have higher priorities, and that local efforts to deter the presence of unauthorized aliens would undermine community relations, disrupt municipal services, interfere with local law enforcement, or violate humanitarian principles. Opponents argue that sanctuary policies encourage illegal immigration and undermine federal enforcement efforts. […]. Reportedly, some jurisdictions with sanctuary policies take a 'don't ask, don't tell' approach, where officials are barred from inquiring about a person's immigration status in certain circumstances. Though this method does not directly conflict with federal requirements that states and localities permit the free exchange of information regarding persons' immigration status, it results in specified agencies or officers not possessing information that they could potentially share with federal immigration authorities. In the 110th Congress, several bills have been introduced that attempt to limit formal or informal sanctuary policies and induce greater sharing of immigration information by state and local authorities.
Library of Congress. Congressional Research Service
2008-01-09
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U.S. Strategy for Engagement in Central America: Policy Issues for Congress [January 8, 2019]
"Central America has received renewed attention from U.S. policymakers over the past few years as the region has become a major transit corridor for illicit drugs and has surpassed Mexico as the largest source of irregular migration to the United States. These narcotics and migrant flows are the latest symptoms of deep-rooted challenges in several countries in the region, including widespread insecurity, fragile political and judicial systems, and high levels of poverty and unemployment. The U.S. government and partners in the region have begun to implement new initiatives intended to address those challenges, but living conditions in Central America have yet to improve significantly."
Library of Congress. Congressional Research Service
Meyer, Peter J.
2019-01-08
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U.S. Strategy for Engagement in Central America: Policy Issues for Congress [June 8, 2017]
"Central America has received renewed attention from U.S. policymakers over the past few years as the region has become a major transit corridor for illicit drugs and a significant source of irregular migration to the United States. These narcotics and migrant flows are the latest symptoms of deep-rooted challenges in several countries in the region, including widespread insecurity, fragile political and judicial systems, and high levels of poverty and unemployment. Although the Obama Administration and governments in the region launched new initiatives designed to improve conditions in Central America, the future of those efforts will depend on the decisions of the Trump Administration and the 115th Congress."
Library of Congress. Congressional Research Service
Meyer, Peter J.
2017-06-08
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Unauthorized Childhood Arrivals: Legislative Activity in the 115th Congress [March 22, 2018]
"Unauthorized childhood arrivals is a general term used to describe foreign nationals who as children were brought to live in the United States by their parents or other adults. Sometimes referred to as Dreamers, they represent a subset of the larger unauthorized alien population in the United States. Many observers view them more sympathetically than other unauthorized aliens because they do not consider them responsible for their unlawful status, and they support establishing a process for them to obtain legal immigration status. Others, however, argue that unauthorized childhood arrivals should not be afforded any special treatment under the immigration system."
Library of Congress. Congressional Research Service
Bruno, Andorra
2018-03-22
